This revision petition has been filed by the petitioner against order dated 05-02-2015 passed by learned State Commission in First Appeal No. 939/2013 – Aasha Rani Vs. HDFC Bank Ltd.; by which appeal was partly allowed.

2.      Brief facts of the case are that complainant/respondent filed complaint before District Forum against opposite party/petitioner, which was dismissed by order dated 18-07-2013.  The complainant filed appeal before State Commission and notice was issued to opposite party through registered AD but as it had not been received and envelope also not received back, on the basis of 30 days presumption, learned State Commission proceeded ex-parte and allowed appeal partly, against which this revision petition has been filed.

3.      Heard learned counsel for the parties finally at admission stage and perused record.

4.      Admittedly learned District Forum dismissed complaint and State Commission allowed appeal partly on the basis of presumption of service on the opposite party whereas learned counsel for the opposite party submitted that no notice was received from State Commission.  In such circumstances, opportunity is to be given to the petitioner for representation before State Commission and impugned order is liable to be set aside and matter is to be remanded back to learned State Commission to decide appeal after hearing both the parties.

5.      Consequently, revision petition filed by the petitioner is allowed and impugned order dated 05-02-2015 passed by learned State Commission in First Appeal No. 939/2013 – Aasha Rani Vs. HDFC Bank Ltd.; is set aside and matter is remanded back to learned State Commission to decide appeal afresh on merits after giving an opportunity of being heard to both the parties.

9.      Parties are directed to appear before State Commission on 09.12.2016